Bill Text: NY S07763 | 2023-2024 | General Assembly | Amended

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Bill Title: Adds xylazine to the depressants designated as controlled substances with the exception of use in cattle or other nonhuman species if approved by the federal food and drug administration.

Spectrum: Strong Partisan Bill (Republican 13-1)

Status: (Introduced) 2024-06-28 - PRINT NUMBER 7763B [S07763 Detail]

Download: New_York-2023-S07763-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7763--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                    November 17, 2023
                                       ___________

        Introduced  by  Sens.  MURRAY,  ASHBY,  BORRELLO, CANZONERI-FITZPATRICK,
          GALLIVAN, HELMING, MARTINEZ, MARTINS, MATTERA, PALUMBO, RHOADS, TEDIS-
          CO, WEBER, WEIK -- read twice and ordered printed, and when printed to
          be committed to the Committee on Rules -- recommitted to the Committee
          on Health in accordance with  Senate  Rule  6,  sec.  8  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to  said  committee  --  committee  discharged,  bill amended, ordered
          reprinted as amended and recommitted to said committee

        AN ACT to amend the public health law, in relation to adding xylazine to
          the depressants designated as controlled substances

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Subdivision 1 of section 3305 of the public health law is
     2  amended by adding a new paragraph (e) to read as follows:
     3    (e) to any individual who possesses, sells,  administers,  prescribes,
     4  or  distributes any substance containing xylazine expressly intended for
     5  administration through injections to cattle or  other  nonhuman  species
     6  and that are approved by the federal food and drug administration solely
     7  for such use.
     8    §  2.  Subdivision  (e)  of  schedule  I of section 3306 of the public
     9  health law is amended by adding a new paragraph 7 to read as follows:
    10    (7) Xylazine (N- (2, 6-dimethylphenyl) - 5, 6-dihydro-4H-1,3  thiazin-
    11  2-a-mine).  This  subdivision shall not include any substance containing
    12  xylazine expressly intended for  administration  through  injections  to
    13  cattle  or  other  nonhuman species and that are approved by the federal
    14  food and drug administration. Any individual who knowingly and willfully
    15  administers to themself or  another  person,  prescribes,  dispenses  or
    16  distributes  such  substances  when  any  such substance is intended for
    17  human consumption or for any purpose other than injection to  cattle  or
    18  nonhuman  species shall be subject to the same penalties as any individ-
    19  ual or practitioner who violates the provisions of this section, section

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13520-05-4
        S. 7763--B                          2

     1  thirty-three  hundred  four  of  this  title,  or  any  other  penalties
     2  prescribed by law.
     3    §  3.  This  act shall take effect on the thirtieth day after it shall
     4  have become a law.